SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) CASE of the prosecution is that the petitioner and one Charan Singh committed rape. After investigation, Charan Singh was declared innocent, on account of which he was granted bail on being summoned under section 319 of the Code of Criminal Procedure. Counsel for the petitioner submits that case of the petitioner is at par with Charan Singh. Counsel for the State submits that the prosecutrix has already been examined and she has reiterated the allegation of rape against the petitioner as well as Charan Singh.

(2.) NORMALLY, on the ground of parity, the petitioner would have been granted bail, but having regard to the seriousness of the offence, without expressing any opinion on merits and while declining bail at this stage, a direction is issued that if prosecution evidence is not concluded within three months from today, for reasons not attributable to the petitioner, the petitioner will be granted bail by the trial court subject to appropriate conditions. The trial court will prepone the date and allow the State to lead evidence at the earliest. The petition is disposed of. A copy of the order be given to counsel for the State.